At about 1:15 in the morning a Massachusetts police officer conducted a stop in Norwell. The basis for the stop was that the car had a revoked registration. The passenger had a hollowed out pen under his feet that the officer observed when he approached the car. The pen was covered in tin foil and had a burnt tip. Based on this observation the officer conducted a search of the passenger. In his possession was found over one hundred Oxycodone pills over two thousand dollars cash. Underneath his seat was a pellet gun. The defendant, Christopher Andrade was arrested. He has been charged with some Massachusetts Motor Vehicle Crimes, Trafficking a Class B Substance, Possession of Class B and Possession With the Intent to Distribute Class B. Right now the case is being prosecuted in the Hingham District Court but it will probably be indicted and handled in the Plymouth County Superior Court in Brockton.

It is interesting that this article is silent as to the driver and whether or not any charges will be filed against that person. Usually when the police in Massachusetts make an arrest for a drug offense, particularly one that has occurred in a car, all occupants get charged with something. The person in possession of the drugs will be charged with the most serious crime that the prosecution believes it can prove against that person. In this case, Andrade has been charged with Trafficking Class B given the amount of Oxycodone in his possession. Typically the driver however would be charged with Conspiracy simply as a result of his presence at the crime scene and his association with the primary defendant. As mentioned in several previous blog posts, merely being present at the scene of a crime does not give rise to criminal culpability. However, that does not always stop the prosecution from going after that person. An experienced criminal lawyer might succeed in getting the case against him or her dismissed on what is called a “McCarthy Motion”. These motions attack the indictment process by claiming that the grand jury was not presented with evidence legally sufficient to sustain the indictment. These motions are fact specific. Our office has won many drug cases through this process. It is something that every Diligent Massachusetts Defense Criminal Lawyer will look into when defending superior court cases.

Here is what appears somewhat troubling about the charges in this case. Andrade appears to be a user. The Drug Possession Paraphernalia was under his feet indicative of him having used drugs shortly before the car was stopped. The driver was likely either using drugs with him or selling him the drugs he was using. It is not uncommon for people to try to conceal drugs when the police are approaching. This is done by putting drugs in glove compartments, consoles, under seats, swallowing the drugs, tossing the drugs or placing them in pockets or other articles of clothing. These actions do not demonstrate an intent to distribute which is a critical element of the crime of Drug Trafficking in Massachusetts. It would not surprise me to learn that these drugs belonged to the driver and that Andrade put them in his clothing while trying to hide them prior to being approached by the police officer.

There are countless defense to drug cases. There is always a defense to criminal accusations. If you have been charged with a crime in Massachusetts you should call the Law Offices of Stephen Neyman at 617-263-6800. You can email us as well. Your defense should start now with the lawyers in our office. We can help you.